The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7565

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in relation to lowering the
  blood alcohol concentration required  for  driving  while  intoxicated
  from  .08  of  one per centum to .06, and for aggravated driving while
  intoxicated from .18 of one per centum to .14

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 2, paragraph (a) of subdivision 2-a and subdi-
vision 6 of section 1192 of the vehicle and traffic law,  subdivision  2
as  amended  by chapter 3 of the laws of 2002, paragraph (a) of subdivi-
sion 2-a as amended by chapter 496 of the laws of 2009 and subdivision 6
as amended by chapter 236 of the laws of 2003, are amended  to  read  as
follows:
  2.  Driving while intoxicated; per se. No person shall operate a motor
vehicle while such person has [.08] .06 of one per  centum  or  more  by
weight of alcohol in the person's blood as shown by chemical analysis of
such  person's  blood,  breath,  urine  or  saliva, made pursuant to the
provisions of section eleven hundred ninety-four of this article.
  (a) Per se. No person shall operate a motor vehicle while such  person
has  [.18]  .14 of  one  per centum or more by weight of alcohol in such
person's blood as shown by chemical analysis  of  such  person's  blood,
breath, urine or saliva made pursuant to the provisions of section elev-
en hundred ninety-four of this article.
  6.  Commercial  motor vehicles; per se - level II. Notwithstanding the
provisions of section eleven hundred ninety-five  of  this  article,  no
person  shall  operate  a commercial motor vehicle while such person has
more than .06 of one per centum [but less than .08 of one per centum] by
weight of alcohol in the person's blood as shown by chemical analysis of
such person's blood, breath, urine  or  saliva,  made  pursuant  to  the
provisions  of  section  eleven  hundred  ninety-four  of  this article;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11235-01-3

A. 7565                             2

provided, however, nothing contained in this subdivision shall  prohibit
the  imposition  of  a  charge of a violation of subdivision one of this
section.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.